Information Services and Library: Copyright for Teaching: Exceptions

Exceptions

Exceptions
UK copyright law uses legal exceptions and licences to enable teachers (and others) to use copyright materials legally while being fair to, and acknowledging, the creator.
N.B. UK Fair Dealing is not the same as Fair Use in the U.S. - UK law is more restrictive. What is fair in the U.S. may be juged to be an infringement in the UK.

Fair Dealing
Many of the exceptions require you to use the Fair Dealing evaluation. There is no statutory definition of fair dealing. It will always be a matter of judgement; what would a reasonable person consider "fair" but you should ensure sure that:

the use of the work does not compete with the rights holder's normal commercial exploitation.
you only copy the quantity required.
you acknowledge the rights holder.

These are the exceptions to copyright with links to UK legislation.

Section 29: Research and private study	Individuals may copy an insubstantial amount for their own use - subject to Fair Dealing and not to pass on to others. This is usually judged to be one chapter of a book, 5% or a work or one article in a a journal issue.
Section 29A: Copies for text and data analysis for non-commercial research	If you have lawful access to a work you may copy it to carry out TDM. Contract terms aimed at preventing researchers copying in order to perform text and data mining are unenforceable. i.e. Contracts cannot overide exceptions. The research may be funded by a commercial partner but the purpose must not be commercial. You must cite the source.
Section 30: Criticism, review, quotation and news reporting	Introduced in 2014 this exception applies not just to educators. The use of the extracts must be only what is required for the purpose and not for decoration or enhancement. Fair Dealing applies and this section only applies to published works
Section 30A Caricature, parody or pastiche	Introduced in 2014 you can use any kind of copyright material: film, song, artworks etc in order to create a parody or pastiche. Contractual terms seeking to prevent or restrict this are unenforceable but Fair Dealing applies.
Section 31A and 31B: Accessible copies for disabled users	As long as they have lawful access to the work an institution can make an accessible copy of the whole or part of a work for users with disabilities. Fair Dealing does not apply as the one might need to supply a whole work in an accessible format.
Section 32: Illustration for instruction	All types of copyright works can be copied for the sole purpose of illustration for instruction (teaching), including the setting of exams. One can use extracts from films, sound recordings and broadcasts as well as text, music and artistic works in lecture slides to illustrate a teaching point. Fair dealing applies and the use must be non-commercial.
Section 34: Performing, playing or showing work in course of activities of educational establishment	As long as the purpose is educational and the audience consists of students or staff then an educational establishment can show film, or video content in the classroom. Fair dealing does not apply so you could show an entire film or programme. (It must have been legally acquired.)
Section 35: Recording of broadcasts	The Educational Recording Agency Licence (ERA) permits us to make and store recordings from many free to air channels and radio broadcasts. They can be shown live or hosted in the VLE. Fair dealing does not apply. You could show an entire film or programme.